(1) As used in the statutes of this state in
reference to a chattel mortgage and action by the appropriate recording
officer, “record,” “recorded” and “recording” mean “record or file,”
“recorded or filed” or “recording or filing,” as the context requires.
(2) As used in this chapter:
(a) “Person” means an individual, organization, corporation,
government, governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a joint or
common interest or any other legal or commercial entity.
(b) “Text” includes the words contained in the body of an
instrument to be recorded and the names of the transactions contained in
the instrument. The term does not include instructions for completing the
instrument, form numbers or statutory references.
(c) “Transaction” means an action, including but not limited to a
transfer, encumbrance or release affecting title to or an interest in
real property, that is required or permitted by state law or rule or
federal law or regulation to be recorded. [Amended by 1991 c.230 §10;
1993 c.321 §1; 2001 c.713 §1; 2005 c.82 §1]POWERS AND DUTIES (1) The county
clerk in each county shall keep and maintain the records of the county
governing body.
(2) The county clerk of any county in which the county court has
judicial functions shall, for the county court:
(a) Keep the seal of the court, and affix it in all cases required
by law.
(b) Record the proceedings of the court.
(c) Keep the records, files, books and papers pertaining to the
court.
(d) File all papers delivered to the clerk for that purpose in any
action or proceeding in the court.
(e) Attend the terms of the court, administer oaths and receive the
verdict of a jury in any action or proceeding therein, in the presence
and under the direction of the court.
(f) Under the direction of the court enter its orders and judgments.
(g) Authenticate, by certificate or transcript, as may be required,
the records, files or proceedings of the court, or any paper pertaining
thereto, and filed with the clerk.
(h) Exercise the powers and perform the duties conferred upon the
clerk by statute.
(i) In the performance of duties pertaining to the court, conform
to the direction of the court.
(3) The county clerk may take and certify the proof and
acknowledgment of a conveyance of real property or any other written
instrument authorized or required to be proved or acknowledged. [1977
c.594 §2; 1981 s.s. c.3 §39; 1983 c.327 §5; 1985 c.540 §40; 1991 c.230
§11] (1) The County
Clerk Lien Record maintained under ORS 205.130 shall contain the
following information for each order or warrant recorded:
(a) The name of any person subject to the order or warrant.
(b) The name of the officer and the agency that issued the order or
warrant or the name of the claimant in whose favor an order of the
Construction Contractors Board or State Landscape Contractors Board has
been given. The name of the agency or board that issued the order or
warrant must be clearly printed on the order or warrant.
(c) The amount of any monetary obligation imposed by the order or
warrant, and the name of all persons against whom the obligation is
imposed.
(d) The date on which the order or warrant was received and
recorded.
(e) Full or partial satisfaction, if any, of any lien claim created
by the order or warrant.
(f) County Clerk Lien Record instruments filed under ORS 205.130
(3)(c)(A) shall be on official letterhead and include the seals, if any,
of the officers and agencies.
(g) Such other information as may be considered necessary by the
county clerk.
(2) From the date that an order or warrant is recorded in the
County Clerk Lien Record, the order or warrant shall have the attributes
and effect of a judgment that has been entered in the register of the
circuit court for that county, including but not limited to the creation
of a judgment lien for any monetary obligation in favor of the officer or
agency issuing the order or warrant or in favor of the claimant in the
proceedings before the Construction Contractors Board or State Landscape
Contractors Board, renewal and enforcement by supplementary proceedings,
writs of execution, notices of garnishment and writs of garnishment.
(3) From the date that an order or warrant imposing a monetary
obligation is recorded in the County Clerk Lien Record, the order or
warrant becomes a lien upon the title to and interest in property of the
person against whom it is issued in the same manner as a judgment that
creates a judgment lien under ORS chapter 18.
(4) In addition to any other remedy provided by law, orders and
warrants recorded in the County Clerk Lien Record may be enforced as
provided in ORS 205.126. [1983 c.696 §1; 1985 c.343 §10; 1987 c.586 §30;
1989 c.706 §2; 1997 c.387 §1; 1999 c.153 §5; 1999 c.654 §13; 2003 c.576
§194](1) At any
time after recording an order or warrant in the County Clerk Lien Record,
a claimant or an attorney for an agency or claimant may file in the
circuit court for the county where the order or warrant is recorded, a
copy of the original order or warrant certified by the agency to be a
true copy of original, and an affidavit of the claimant or attorney
verifying that the order or warrant was recorded in the County Clerk Lien
Record for that county, the date that the order or warrant was recorded
and the date on which any notice of renewal was recorded under subsection
(2) of this section. Subject to any other requirements that may apply to
the enforcement remedy sought by the agency or claimant, proceedings may
thereafter be commenced by the agency or claimant for the enforcement of
the order or warrant, in the same manner as provided for the enforcement
of judgments issued by a court. Enforcement proceedings may include:
(a) Writ of execution proceedings under ORS 18.252 to 18.850.
(b) Proceedings in support of execution under ORS 18.265, 18.268
and 18.270.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(2) At any time within 10 years after the recording of an order or
warrant, an agency or claimant, acting with or without the assistance of
an attorney, may renew an order or warrant by recording a notice of
renewal in the County Clerk Lien Record. A notice of renewal recorded
within the time specified by this subsection has the attributes and
effect of an extension of judgment remedies noted in the register under
ORS 18.182, from the date that the notice is recorded. A notice of
renewal recorded under this section must state:
(a) The name of the agency that issued the warrant or order or the
name of the claimant in whose favor an order of the Construction
Contractors Board or State Landscape Contractors Board has been given;
(b) The name of all persons against whom a monetary obligation is
imposed under the order or warrant; and
(c) The date of recording and the recording number, the book and
page number for the recording, or the volume and page number for the
recording.
(3) For the purposes of this section:
(a) “Agency” means any state officer, board, commission,
corporation, institution, department or other state body that has
authority to record an order or warrant in the County Clerk Lien Record.
(b) “Claimant” means a person in favor of which a board order has
been recorded under the provisions of ORS 671.707 or 701.150. [1997 c.387
§2; 1999 c.153 §6; 2001 c.249 §75; 2003 c.576 §195]The County Clerk Lien Record in each county where the real
property is located is the place of recording a lien filed pursuant to
CERCLA, 100 U.S. Stat 1630. [1987 c.586 §48] The county clerk shall:
(1) Have the custody of, and safely keep and preserve all files and
records of deeds and mortgages of real property, and a record of all
maps, plats, contracts, powers of attorney and other interests affecting
the title to real property required or permitted by law to be recorded.
(2) Record, or cause to be recorded, in a legible and permanent
manner, and keep in the office of the county clerk, all:
(a) Deeds and mortgages of real property, powers of attorney and
contracts affecting the title to real property, authorized by law to be
recorded, assignments thereof and of any interest therein when properly
acknowledged or proved and other interests affecting the title to real
property required or permitted by law to be recorded;
(b) Certificates of sale of real property under execution or order
of court, or assignments thereof or of any interest therein when properly
acknowledged or proved;
(c) Certified copies of death certificates of any person appearing
in the county records as owning or having a claim or interest in land in
the county. A death certificate recorded in the deed records of a county
under this subsection is a public record and is not subject to the
disclosure limitations under ORS 432.121;
(d) Instruments presented for recording by the United States or the
State of Oregon, or a political subdivision of either, that affect title
to or an interest in real property or that lawfully concern real
property; and
(e) Instruments recognized under state law or rule or federal law
or regulation as affecting title to or an interest in real property if
the instrument is properly acknowledged or proved.
(3) Keep and maintain:
(a) Deed and mortgage records;
(b) Statutory lien records;
(c) A record called the County Clerk Lien Record in which the
following shall be recorded:
(A) The warrants and orders of officers and agencies that are
required or permitted by law to be recorded; and
(B) All instruments presented for recordation when required or
permitted by law to be recorded that affect the title to or an interest
in real property, other than instruments recorded in the deed and
mortgage records or the statutory lien records;
(d) Releases, satisfactions, assignments, amendments and
modifications of recorded instruments; and
(e) Other instruments required or permitted by law to be recorded
not affecting interests in real property.
(4) Perform all the duties in regard to the recording and indexing
of deeds and mortgages of real property, contracts, abstracts of
judgments, notices of pendency, powers of attorney and other interests
when required or permitted by law to be recorded that affect the title of
real property, and in regard to the entry of satisfaction and discharge
of the same, together with other documents required or permitted by law
to be recorded.
(5) Incur no civil or criminal liability, either personally or in
an official capacity, for recording an instrument that does not comply
with the provisions of law that require or allow the recording of the
instrument. [Amended by 1983 c.696 §8a; 1983 c.709 §43; 1983 c.763 §63;
1985 c.471 §16; 1987 c.215 §22; 1987 c.586 §31; 1989 c.171 §28; 1989
c.179 §1; 1989 c.618 §11; 1989 c.706 §§1,2; 1989 c.738 §15; 1989 c.764
§4; 1989 c.795 §3; 1989 c.841§10; 1989 c.1035 §4; 1991 c.230 §12; 1993
c.321 §2; 1999 c.654 §14a; 1999 c.710 §9; 2001 c.713 §2]Whenever the text of a
document presented for recording may be made out but is not sufficiently
legible to reproduce a readable photographic record, the county clerk
shall require the person presenting it for recording to substitute a
legible original document or prepare a true copy thereof by handwriting
or typewriting and attach the same to the original as a part of the
document for making the permanent photographic record. [1965 c.301 §1(1);
1999 c.654 §15; 2005 c.22 §155] A transcript of
the record of any instruments duly recorded by the county clerk in any
county under the authority of ORS 205.130 and 205.160 to 205.190, or a
photographic or photostatic copy thereof, duly certified by the county
clerk, under the seal of office, may be recorded in the office of any
county clerk or read in evidence in any court with like force and effect
as the original instrument. [Amended by 1999 c.654 §16] The county court shall provide a suitable
seal for the use of the county clerk.(1) The county clerk shall keep a direct general index
and an indirect general index in the office of the clerk.
(2) The direct general index shall contain, but need not be limited
to, the following:
(a) Date and time of reception.
(b) Names of grantors.
(c) Names of grantees.
(d) Nature or type of instrument.
(e) Volume and page where recorded or the instrument number.
(f) Remarks.
(g) Brief description of tract.
(h) To whom delivered.
(i) Fees received.
(3) The clerk shall make correct entries in the direct general
index of every instrument recorded under the appropriate heading,
entering the names of the grantors in alphabetical order.
(4) The indirect general index shall contain, but need not be
limited to, the following:
(a) Date and time of reception.
(b) Names of grantees.
(c) Names of grantors.
(d) Nature or type of instrument.
(e) Volume and page where recorded or the instrument number.
(f) Remarks.
(g) Brief description of tract.
(5) The clerk shall make in the indirect general index correct
entries of every instrument required by law to be entered in the general
index direct, entering the names of the grantors in alphabetical order.
(6) Whenever any mortgage, bond, judgment or other instrument has
been released or discharged from record, or by recording a deed or lease,
the clerk shall immediately note in both the direct general index and the
indirect general index under the column headed “Remarks,” and opposite
the appropriate entry, that such instrument has been satisfied.
(7) In lieu of both the direct general index and the indirect
general index a county clerk may use a data processing device or computer
to provide a combined index to books or records defined in law that shall
contain the following:
(a) Date and time of reception.
(b) Names of grantees.
(c) Names of grantors.
(d) Nature or type of instrument.
(e) Recording number.
(f) Brief description of tract.
(g) To whom delivered.
(h) Fees received.
(i) When available, a reference to the instrument being released or
discharged.
(j) Such other information as the county clerk may require.
(8) The county clerk shall provide public access to the combined
index and otherwise meet the requirements of ORS chapter 192. [Amended by
1969 c.702 §1; 1987 c.586 §32; 1999 c.654 §17](1) The county clerk shall make in the appropriate record
correct entries of every instrument required by law to be recorded.
(2) Whenever any instrument has been received for record, the
county clerk shall immediately place upon such instrument a certificate,
noting the day, hour and minute of its reception and fees received for
recording and, when recorded, a reference to where it is recorded. The
date of record of such instrument is the date of recordation.
(3) Whenever any instrument has been recorded, the county clerk
shall immediately make an entry in the record of the clerk with the
amount paid as fee for recording.
(4) After such instrument has been recorded the county clerk shall
return it to the person who recorded or is authorized to receive the
same, writing the name of the person to whom it is delivered in the
record. [Amended by 1987 c.586 §33; 1999 c.654 §18]
Each county clerk shall maintain a record of all maps of towns, villages,
or additions to the same, or cemeteries, within the county, together with
any description, acknowledgment or other writing therein. The county
clerk shall create and store the maps in accordance with archival
standards for the preservation of the record. The clerk shall keep an
index that may be part of the deed index and shall contain the name of
the town, village, addition or cemetery plat. The clerk shall not be
bound to perform any duty required by ORS 205.130, 205.160, 205.180 and
this section for which a fee is allowed, unless such fee has been paid or
tendered, but when any such map has, prior to May 29, 1919, been
incorrectly recorded in the plat records or deed records of the county,
and such plat so incorrectly recorded is again presented by anyone to the
clerk for record, the clerk shall correctly record such map in the record
of plats without charge therefor, and shall make notation in the index of
the fact of such re-recording, giving the book and page or instrument
number where the re-recording appears. The record of the original map so
re-recorded, as well as the record of all maps recorded under this
section, as well as all original maps or plats recorded prior to May 29,
1919, shall be safely kept in the office of the clerk. The clerk shall
not refuse to comply with this section by reason of the fact that some
portion of the lands so platted were brought under any statute of this
state relating to the registration of land titles. [Amended by 1999 c.710
§10] Any
copies of records of any estate administered in this state, certified to
as true and correct by the clerk of the court in which the estate was or
is being administered, shall be received and recorded by the officer
having charge of the deed records of any county upon the payment of the
fees required by law. A certified copy of such record shall be received
as prima facie evidence of the original record in any court of this state.
Except as provided in ORS 205.327, a county clerk shall not accept any
instrument for recording unless the text of the instrument is typed,
written or printed in 8-point type or larger on paper that is not larger
than 14 inches long and 8-1/2 inches wide and which paper is of
sufficient quality for recording photographically. However, this section
does not apply to out-of-state notarial acts or to certified copies of
public records presented to a county clerk for recording. [1991 c.230 §2;
1993 c.321 §3](1) When any instrument is presented to a county clerk for
recording, the first page of the instrument shall contain at least:
(a) The names of the transactions as required in ORS 205.236;
(b) The names of the persons described in ORS 205.125 (1)(a) and
(b) and 205.160;
(c) The person and address (for mailing purposes only) to whom the
instrument will be delivered as provided in ORS 205.180;
(d) For instruments conveying or contracting to convey fee title to
any real estate and all memoranda of such instruments, the true and
actual consideration paid for such transfer as required by ORS 93.030;
(e) For instruments conveying or contracting to convey fee title to
any real estate, the tax statement information required by ORS 93.260; and
(f) For instruments recorded in the County Clerk Lien Record, the
information described in ORS 205.125 (1)(c) and (e).
(2) Notwithstanding ORS 205.327, if an instrument presented for
recording does not contain the information required by subsection (1)(a)
to (f) of this section, a cover sheet may be prepared that contains the
required information. The cover sheet shall be prepared by the person
presenting the instrument for recording. The cover sheet may be attached
to the instrument and shall be recorded as a part of the instrument. Any
errors in the cover sheet shall not affect the transactions contained in
the instrument itself. The cover sheet need not be separately signed or
acknowledged. [1991 c.230 §3; 1993 c.321 §4](1) An instrument required or permitted by law to be
recorded shall be clearly labeled in sufficient detail to enable the
clerk to record the instrument in the appropriate record.
(2) An instrument describing two or more transactions required or
permitted by law to be recorded as separate instruments may be recorded
when the instrument is labeled in sufficient detail to enable the clerk
to record the transactions in the appropriate records and:
(a) The transactions described in the instrument involve the same
properties;
(b) The transactions are assignments, releases or satisfactions of
any recorded instrument;
(c) The transactions are liens recorded under ORS 311.675;
(d) The transactions are municipal assessment liens being recorded
under ORS 93.643;
(e) The instrument is recorded under ORS 371.650; or
(f) The instrument is a cooperative contract recorded under ORS
62.360.
(3) When an instrument described in subsection (2) of this section
is accepted for recording by a county clerk, the county clerk shall enter
the instrument into the appropriate records.
(4) Recording fees shall be charged for recording each additional
transaction described in subsection (2) of this section and the fee shall
be the fee provided for in ORS 205.320.
(5) Nothing in this section is intended to abolish the requirements
for collection of the fees required under ORS 205.323.
(6) Recording an instrument under this section when the instrument
is not clearly labeled does not affect the validity of the recordation.
(7) A county clerk shall not incur civil or criminal liability,
either personally or in an official capacity, for recording an instrument
under this section when the instrument is not labeled in sufficient
detail to allow the clerk to record the transactions in all appropriate
records. [1991 c.230 §5; 1993 c.321 §5; 1999 c.654 §20] In every county,
the county clerk shall return any instrument presented for recording to
the person authorized to receive the instrument. The county clerk shall
return the instrument by personally delivering or mailing the instrument
not later than the 10th business day, not counting days on which the
recording office is closed, after the date of recordation. [1991 c.230 §6](1) Except as provided in subsection (2) of this
section, in every county, the office of the county clerk shall receive
and certify, as required by ORS 93.620, instruments presented for
recording for a minimum of six hours between the hours of 9 a.m. and 4
p.m., including the first hour and the last hour, on every day except
Saturdays, Sundays and other holidays.
(2) The provisions of this section may be modified for a fiscal
year by the county governing body upon adoption of a resolution in which
it determines in its discretion that a fiscal emergency exists. A
resolution adopted under this subsection may be renewed, amended or
repealed. Hours of recording shall not be reduced under the resolution to
any extent greater than the reductions for other nonemergency county
(1) Any instrument that
has been previously recorded may be rerecorded to make corrections in the
original instrument.
(2) The county clerk shall record any instrument presented for
rerecording as provided in subsection (1) of this section. The corrected
instrument need not be acknowledged again. The person presenting the
instrument for rerecording shall cause a rerecording certificate to be
affixed to the first page of the instrument or added as a new first page
to the instrument. The rerecording certificate shall contain the words
“RERECORDED TO CORRECT_____. PREVIOUSLY RECORDED IN BOOK _____ AND
PAGE___, OR AS FEE NUMBER___.”
(3) A county clerk shall not incur civil or criminal liability,
either personally or in an official capacity, for recording a corrected
instrument under this section. [1991 c.230 §9] (1) The county clerk
shall record the following instruments required or permitted by law to be
recorded and entered in the office of the county clerk:
(a) Financing statements recorded in the office of the county clerk
under ORS 79.0501 (1)(a);
(b) Hospital and physician liens recorded under ORS 87.565;
(c) Federal tax liens and certificates and notices affecting
federal tax liens recorded under ORS 87.806;
(d) Cooperative contracts recorded under ORS 62.360;
(e) Special district assessments attaching to real property;
(f) Lien foreclosure statements recorded under ORS 87.202;
(g) A certified copy of the judgment or a lien record abstract or
other liens affecting the title to real property;
(h) Building code exemptions required under ORS 455.320 and 455.345;
(i) Construction liens recorded under ORS 87.050;
(j) Liens upon chattels recorded under ORS 87.246;
(k) Liens on real property recorded under ORS 87.372;
(L) Employee benefit plan liens recorded under ORS 87.860;
(m) Attorney liens recorded under ORS 87.455 and 87.460;
(n) Long term care liens recorded under ORS 87.517;
(o) Ambulance services liens recorded under ORS 87.623;
(p) Community property records recorded under ORS 108.530;
(q) Sheriff transfer of records recorded under ORS 206.100;
(r) Corrected instruments required under ORS 205.244;
(s) Mineral and mining records required under ORS 517.030, 517.052,
517.160, 517.180, 517.210, 517.220, 517.280, 517.310 and 517.320;
(t) Copies of records certified by a county clerk or court clerk;
(u) Subdivision and partition plats recorded under ORS 92.140;
(v) Condominiums recorded under ORS chapter 100;
(w) Requests for notice of transfer or encumbrance or terminations
of requests for notice of transfer or encumbrance presented for
recordation under ORS 411.694;
(x) Bankruptcy documents presented for recordation under ORS
93.770; and
(y) A written warranty agreement under ORS 701.605.
(2) The county clerk shall charge and collect fees specified in ORS
205.320, 205.327 and 205.350 for recording an instrument required to be
recorded under subsection (1) of this section.
(3) Indexes may be maintained for instruments recorded under
subsection (1) of this section in the same manner as provided in ORS
205.160. [1989 c.791 §21; 1991 c.230 §14; enacted in lieu of 205.245 in
1997; 1999 c.654 §§21,21a; 2001 c.301 §23; 2001 c.445 §169; 2001 c.501
§9; 2003 c.638 §4; 2005 c.85 §2; 2005 c.169 §3]Note: For transition provisions regarding secured transactions, see
notes under 79.0628. Any
requirement by the laws of this state that an instrument described in ORS
205.246 be filed in the office of the county clerk or that an instrument
be filed in deed or mortgage records shall be considered to be a
requirement that such instruments be recorded instead of being filed.
[Formerly 21.530; 1991 c.230 §16]COLLECTION AND DISPOSITION OF FEESIn every county there shall be charged and collected in advance by
the county clerk, for the benefit of the county, the following fees, and
no more, for the following purposes and services:
(1) For filing and making entry when required by law of any
instrument required or permitted by law to be filed, when it is not
recorded, $5 for each page.
(2) For filing and making entry of the assignment or satisfaction
of any filed, but not recorded, instrument, $5 for each page.
(3) For each official certificate, $3.75.
(4)(a) For purposes of this subsection, “page” means one side of a
sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.
(b) For recording any instrument required or permitted by law to be
recorded, $5 for each page, but the minimum fee shall not be less than $5.
(c) For supplying to private parties copies of records or files,
not more than $3.75 for locating a record requested by the party and 25
cents for each page.
(d) For each official certificate, $3.75.
(5) For taking affidavit for and making and issuing marriage
license and registering the return thereof, $25.
(6) For solemnizing a marriage under ORS 106.120, $25. This
subsection does not require that the county clerk charge a fee for
solemnizing a marriage after normal working hours or on Saturdays or
legal holidays. This subsection does not prohibit a county clerk from
charging and accepting a personal payment for solemnizing a marriage if
otherwise authorized by ORS 106.120.
(7) For taking and certifying acknowledgment or proof of execution
of any instrument, the fee established in the schedule adopted by the
Secretary of State under ORS 194.164.
(8) For issuing any license required by law, other than a marriage
or liquor license, and for which no fee is otherwise provided by law, $5.
(9) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as may
favorably compare with those established by this section for similar
services and as may be established by order or rule of the county court
or board of county commissioners.
(10) For recording any instrument under ORS 205.130 (2), as
required by ordinance pursuant to ORS 203.148.
(11) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional municipal assessment
lien recorded under ORS 93.643, $5.
(12) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional assignment, release
or satisfaction of any recorded instrument, $5.
(13) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional transaction described
under ORS 205.236, $5.
(14) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional lien recorded under
ORS 311.675, $5.
(15) For preparing and recording the certificate under ORS 517.280,
$20 or such other fee that is established by the county governing body.
(16) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional claim listed on an
affidavit of annual compliance under ORS 517.210, $5.
(17) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional name listed on a
cooperative contract under ORS 62.360 (2) or for recording the
termination of a cooperative contract under ORS 62.360 (4), $5.
(18) Notwithstanding any other law, five percent of any fee or tax
that is not collected for the benefit of the county clerk shall be
deducted from the fee or tax. The moneys deducted shall be expended for
acquiring storage and retrieval systems, payment of expenses incurred in
collecting the fee or tax and maintaining and restoring records as
authorized by the county clerk. Moneys collected under this subsection
shall be deposited in a county clerk records fund established by the
county governing body. No moneys shall be deducted under this subsection
from:
(a) Fees collected for the Domestic Violence Fund under ORS 106.045.
(b) Fees collected for conciliation services under ORS 107.615.
(c) Real estate transfer taxes enacted prior to January 1, 1998.
(d) Fees collected under ORS 205.323 for the Oregon Land
Information System Fund. [Amended by 1957 c.359 §1; 1965 c.619 §38; 1971
c.621 §25; 1975 c.607 §24; 1979 c. 724 §6; 1979 c.833 §25; 1981 c.835
§13; 1981 s.s. c.3 §98; 1983 c.393 §24; 1985 c.582 §6; 1987 c.469 §2;
1987 c.586 §35; 1989 c.976 §35; 1991 c.230 §17; 1997 c.253 §1; 1999 c.654
§22; 2001 c.713 §3; 2003 c.565 §2](1) In addition to and not in lieu of the fees charged and
collected under ORS 205.320 and other fees, the following fees shall be
charged and collected for the recording or filing of any instrument
described in ORS 205.130:
(a) A fee of $1, to be credited as provided in subsection (3)(a) of
this section; and
(b) A fee of $10, to be credited as provided in subsection (3)(b)
of this section.
(2) Subsection (1) of this section does not apply to the recording
or filing of the following:
(a) Instruments that are otherwise exempt from recording or filing
fees under any provision of law;
(b) Any satisfaction of judgment or certificate of satisfaction of
judgment; or
(c) Internal county government instruments not otherwise charged a
recording or filing fee.
(3) Of the amounts charged and collected under this section:
(a) The recording or filing fee charged and collected under
subsection (1)(a) of this section shall be deposited and credited to the
Oregon Land Information System Fund established under ORS 306.132; and
(b) Of the recording or filing fee charged and collected under
subsection (1)(b) of this section, five percent shall be credited for the
benefit of the county, five percent shall be credited for the benefit of
the county clerk for the purposes described in ORS 205.320 (18) and 90
percent shall be deposited and credited to the County Assessment and
Taxation Fund created under ORS 294.187. [1989 c.796 §15; 1999 c.701 §3;
1999 c.788 §61; 1999 c.803 §8; 2001 c.501 §10; 2001 c.713 §5]When an instrument required or permitted by law to be recorded
is presented to a county clerk for recording, if the instrument does not
comply with the requirements of ORS 205.232 and 205.234, the county clerk
shall record the instrument, but shall charge and collect in advance a
penalty of $20. The penalty authorized and collected under this section
shall be in addition to and not in lieu of the fees charged under ORS
205.320 for recording the instrument. [1991 c.230 §4; 2001 c.713 §4] The fee for
performing the services set forth in ORS 92.090, 92.100 and 271.230,
shall be set by ordinance of the county governing body. [Amended by 1971
c.621 §29; 1975 c.607 §28; 1979 c.833 §29]The clerk of the county court shall receive and receipt for
fees prescribed in ORS 21.310 that are collected by the clerk, stating in
the receipt the amount so received, from whom received and on what
account the amount was received, specifying the cause or proceeding. If
it is ascertained at any time that the clerk has received any such fees
not so accounted for, or done service without collecting fees therefor as
provided in ORS 21.310, or neglected duty in any other respect, the
payment of salary of the clerk shall be withheld until the matter is
fully rectified. [Amended by 1981 s.s. c.3 §99] Within the
first 10 days of the month following the month in which collected, all
fees collected by a county clerk for recording and making entry of any
instrument in the County Clerk Lien Record shall be paid to the county
treasurer for deposit in a separate account in the county general fund.
Moneys in such account shall be credited to the county clerk and used
exclusively by the county clerk for payment of expenses incurred in
maintaining the County Clerk Lien Record. [1983 c.696 §32]
Trial fees in the county court exercising judicial functions shall be
paid to the clerk of the court, who shall keep a regular account of them,
and by whom paid, in the fee book. The clerk shall pay the amount of such
fees received to the treasurer of the county, as often as once a month,
taking receipt therefor in duplicate, one of which the clerk shall file
in the office of the clerk and the other the clerk may retain as private
property. At the annual accounting of the county officers with the county
court, the clerk shall exhibit to such court a detailed statement of the
trial fees received by the clerk in the course of the year, verified by
the oath of the clerk. [Amended by 1981 s.s. c.3 §100]Notwithstanding the provisions of ORS 182.040 to 182.060 and
205.320 relating to the time and manner of payment of fees to the county
clerk, a state officer or state agency that records a warrant, order, a
certified copy of the judgment or lien record abstract or other document
with a county clerk for entry in the County Clerk Lien Record shall not
be required to pay the fee for that service in advance or at the time the
entry is made. Except as provided in ORS 137.270 the county clerk, on the
10th day of each month, shall provide the officer or agency with an
itemized statement of all recordings made by the officer or agency for
the preceding month, together with the total charge therefor. The officer
or agency, upon receipt of the itemized statement, shall promptly pay the
amount due the county. The fees that may be charged and collected by the
county clerk for recording and making entry of any instrument in the
County Clerk Lien Record are those fees prescribed for recording
documents. [1983 c.696 §2; 1987 c.586 §36]INVALID CLAIMS OF ENCUMBRANCE As used in ORS
205.450 to 205.470:
(1) “Encumbrance” means a claim, lien, charge or liability attached
to and binding property.
(2) “Encumbrance claimant” means a person who purportedly benefits
from the filing of an encumbrance.
(3) “Federal official or employee” has the meaning given the term
“employee of the government” in the Federal Tort Claims Act (28 U.S.C.
2671).
(4) “Filing” includes filing or recording.
(5) “Invalid claim of encumbrance” means a claim of encumbrance
that is not a valid claim of encumbrance.
(6) “Property” includes, but is not limited to, real and personal
property.
(7) “State or local official or employee” means an appointed or
elected official, employee or agent of:
(a) A branch of government of this state or a state agency, board,
commission or department of a branch of government of this state;
(b) A state institution of higher education;
(c) A community college or local school district in this state;
(d) A city, county or other political subdivision in this state; or
(e) A public corporation in this state.
(8) “Valid claim of encumbrance” is an encumbrance that:
(a) Is an encumbrance authorized by statute;
(b) Is a consensual encumbrance recognized under the laws of this
state; or
(c) Is an equitable, constructive or other encumbrance imposed by a
court of competent jurisdiction. [1997 c.290 §1; 2005 c.22 §156](1) No person or county shall accept
for filing an invalid claim of encumbrance.
(2) No person or county shall accept for filing a claim of
encumbrance against the property of a federal official or employee or a
state or local official or employee based on the performance or
nonperformance of the official duties of the official or employee unless
accompanied by an order from a court of competent jurisdiction
authorizing the filing of the encumbrance.
(3) A claim of encumbrance against the property of a federal
official or employee or a state or local official or employee based on
the performance or nonperformance of the official duties of the official
or employee that is not accompanied by an order from a court of competent
jurisdiction is an invalid claim of encumbrance and has no legal effect.
(4) If an invalid claim of encumbrance against the property of a
federal official or employee or against the property of a state or local
official or employee is accepted for filing, the filing officer shall
accept for filing a notice of invalid encumbrance signed and submitted by:
(a) The assistant United States attorney representing the federal
agency of which the individual is an official or employee;
(b) The assistant attorney general representing the state official,
employee or agent, or the state agency, board, commission, department or
state institution of higher education of which the individual is an
official, employee or agent; or
(c) The attorney representing the community college or local school
district, political subdivision or public corporation of which the
individual is an official, employee or agent.
(5) A notice of invalid encumbrance shall be in substantially the
following form:
___________________________________________________________________________
___
NOTICE OF INVALID ENCUMBRANCE
FILED AGAINST
_________(Insert name)
(ORS 205.455)_________IS A _________(Name) (Title)NOTICE is hereby given that the document entitled_________,
purporting to create an obligation against or an interest in the real or
personal property of the person named above, filed and/or signed by
_________ (insert name), and filed or recorded in book/reel/volume No.
_____on page _____ or document/fee/file/ instrument/microfilm No. _____in
the _________ (insert name of office where document was filed or
recorded), is an invalid claim of encumbrance under ORS 205.450 and
205.455.
No order from a court of competent jurisdiction authorizing the
filing of such encumbrance accompanied the filing and, pursuant to ORS
205.455, the encumbrance has no legal effect and is invalid.
A copy of this Notice of Invalid Encumbrance has been mailed this
day by depositing a true copy of the notice in the United States mail,
addressed to _________ (name and address of encumbrance claimant), the
last-known address of _________ (insert name of encumbrance claimant).
DATED this ___ day of______,___.______________________Attorney for _________SUBSCRIBED AND SWORN to before me this ___ day of_________,___.______________________.NOTARY PUBLIC FOR OREGONMy commission expires: ______
___________________________________________________________________________
___
(6) A copy of the notice of invalid encumbrance filed under this
section shall be posted at the county courthouse and mailed by the
attorney to the encumbrance claimant at the encumbrance claimant’s
last-known address, if available.
(7) No person or county shall be liable under this section for
accepting for filing an invalid claim of encumbrance or for accepting for
filing a notice of invalid encumbrance.
(8) Filing a notice of invalid encumbrance under this section shall
clear title to all property that is affected by the claim of encumbrance
that is the subject of the notice of invalid encumbrance from all claims,
liens, charges or liabilities attached to the property under the claim of
encumbrance. [1997 c.290 §2](1) A person whose property is subject to an invalid claim
of encumbrance may petition the circuit court of the county in which the
person resides or in which the property is located for an order, which
may be granted ex parte, directing the encumbrance claimant to appear at
a hearing before the court and show cause why the claim of encumbrance
should not be stricken and other relief provided by this section should
not be granted. The court shall schedule the hearing no earlier than
seven days after the date of the order. The scheduled date of the hearing
shall allow adequate time for notice of the hearing under subsection (4)
of this section.
(2) A petition under this section shall state the grounds upon
which relief is requested, and shall be supported by the affidavit of the
petitioner or the petitioner’s attorney setting forth a concise statement
of the facts upon which the motion is based.
(3) The petition and affidavit described in subsection (2) of this
section shall be in substantially the following form:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) Case No. _____
)
) PETITION FOR AN
) ORDER STRIKING
v. ) AND RELEASING
) ENCUMBRANCES,
) AWARDING COSTS
) AND ATTORNEY FEES
_________, ) AND ORDER TO
Respondent. ) SHOW CAUSE
Petitioner, _________(insert name), by and through _________
(insert name and title of attorney for petitioner, if applicable),
petitions this court, pursuant to ORS 205.460, for an order striking and
releasing purported encumbrances, filed or recorded against Petitioner by
Respondent, _________(insert name or names) filed or recorded in
book/reel/volume No. _____on page _____ or document/fee/file/
instrument/microfilm No. _____in the_________ (insert name of office
where document was filed or recorded), and for an order, pursuant to ORS
205.460, for costs and attorney fees required to bring this action, on
the grounds that the purported encumbrances have no basis in law or fact.
Petitioner further requests that this court enter an order requiring
Respondent to appear before this court and to show cause why the above
order should not be entered. Finally, Petitioner requests an order from
the court requiring Respondent to pay penalties and damages as provided
in ORS 205.470.
DATED this ___ day of______,___.______________________Petitioner or Petitioner’s Attorney
___________________________________________________________________________
___
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) Case No. _____
)
) AFFIDAVIT OF
v. ) ____________
)
)
_________, )
Respondent. )____________ )
STATE OF OREGON )
) ss.
County of_________ )I, _________(insert name of affiant), after being duly sworn,
depose and say:
1. I am the above-entitled petitioner (or the attorney for the
petitioner) in this matter.
2. The information contained in this affidavit is of my own
personal knowledge.
3. Attached as numbered exhibits are true and correct copies of the
following documents that were filed or recorded in the _________ (insert
name of office where documents were filed or recorded) on _________
(insert date):
(List and attach document(s))
4. For any purported encumbrances identified above the following is
true. The encumbrance is not authorized by statute, was not entered into
consensually, and is not an equitable, constructive or other encumbrance
imposed by a court of competent jurisdiction.
DATED this ___ day of______,___.______________________(Petitioner or Petitioner’s Attorney)SUBSCRIBED AND SWORN to before me this ___ day of _________, ___.______________________.NOTARY PUBLIC FOR OREGONMy commission expires: ______
___________________________________________________________________________
___
(4) A copy of the petition and the order directing the encumbrance
claimant to appear under this section shall be served upon the
encumbrance claimant:
(a) By service in the manner provided for personal service of
summons under ORCP 7; or
(b) By mailing a true copy of the petition, affidavit and order to
the encumbrance claimant at the encumbrance claimant’s last-known
address, both by first class mail and by certified or registered mail,
return receipt requested. A notice mailed under this paragraph is
effective on the date that the notice is deposited with the United States
Postal Service, properly addressed and postage prepaid.
(5) The order to show cause shall be in substantially the following
form and shall clearly state that if the encumbrance claimant fails to
appear at the time and place noted, the claim of encumbrance shall be
stricken and released and that the encumbrance claimant shall be ordered
to pay the costs and reasonable attorney fees incurred by the petitioner
at trial and on appeal:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) Case No. _____
)
) ORDER TO
v. ) SHOW CAUSE
)
)
_________, )
Respondent. )
THIS MATTER came before the court on _________ (insert date) on
Petitioner’s Petition for an Order Striking and Releasing Encumbrances,
Awarding Costs and Attorney Fees and Order to Show Cause. The court,
having considered the petition, the Affidavit of _________ (insert name)
and the attached exhibits, and it appearing to the court that there are
sufficient grounds to issue an order to show cause,
IT IS HEREBY ORDERED that the Respondent, _________(insert name),
appear before this court on _________ (insert date), at ______ (insert
time), to show cause why the petition should not be granted in its
entirety.IMPORTANT NOTICE:
IF YOU FAIL TO APPEAR AT THE ABOVE TIME AND PLACE, THE COURT MAY
ENTER AN ORDER STRIKING AND RELEASING YOUR ENCUMBRANCE CLAIMS FILED
AGAINST PETITIONER AND YOU MAY BE ORDERED TO PAY COSTS AND REASONABLE
ATTORNEY FEES INCURRED BY THE PETITIONER.
DATED this ___ day of______,___.______________________Circuit Court Judge
___________________________________________________________________________
___
(6) If the court determines that the claim of encumbrance is
invalid, the court shall issue an order striking and releasing the claim
of encumbrance and may award costs and reasonable attorney fees at trial
and on appeal to the petitioner to be paid by the encumbrance claimant.
If the court determines that the claim of encumbrance is valid, the court
shall issue an order so stating and may award costs and reasonable
attorney fees at trial and on appeal to the encumbrance claimant to be
paid by the petitioner.
(7) The procedure set forth in this section is not available
against a person lawfully conducting business as:
(a) An institution, a savings bank, a national bank, an
out-of-state bank, a federal savings bank or an extranational
institution, as those terms are defined in ORS 706.008, or a subsidiary
of an entity described in this paragraph;
(b) A savings association or a federal association, as those terms
are defined in ORS 722.004, or a subsidiary of an entity described in
this paragraph;
(c) A financial holding company, a bank holding company, a savings
and loan holding company or a subsidiary of a financial holding company,
a bank holding company or a savings and loan holding company;
(d) A credit union, as defined in ORS 723.006, or a federal credit
union;
(e) A consumer finance company subject to the provisions of ORS
chapter 725;
(f) A mortgage banker or a mortgage broker, as those terms are
defined in ORS 59.840, a mortgage servicing company or any other mortgage
company; or
(g) An insurer as defined in ORS 731.106.
(8) The procedure set forth in this section is not available
against:
(a) An officer, agency, department or instrumentality of the
federal government;
(b) An officer, agency, department or instrumentality of this
state; or
(c) An officer, agency, department or instrumentality of a
political subdivision or public corporation in this state. [1997 c.290
§3; 1999 c.59 §57; 2001 c.377 §42]A claim of encumbrance against the property of a
federal official or employee or against the property of a state or local
official or employee based on the performance or nonperformance of
official duties of the official, employee or agent shall be invalid
unless an order from a court of competent jurisdiction authorizing the
filing of the encumbrance is filed with the encumbrance. [1997 c.290 §4] Any
person who knowingly files, or directs another to file, an invalid claim
of encumbrance shall be liable to the owner of the property bound by the
claim of encumbrance for a sum of not less than $5,000 or for actual
damages caused by the filing of the claim of encumbrance, whichever is
greater, together with costs and reasonable attorney fees at trial and on
appeal. Any grantee or other person purportedly benefited by an invalid
encumbrance that is filed who willfully refuses to release the invalid
encumbrance upon request of the owner of the property affected shall be
liable to the owner for the damages and costs and reasonable attorney
fees at trial and on appeal provided in this section. [1997 c.290 §5]MISCELLANEOUS PROVISIONS
(1) No county clerk shall during the term of office of that clerk
institute or assist in instituting any suit, action or probate proceeding
in any court of which the clerk is an officer, act as an attorney or
counselor with or without hire in any such suit, action or proceeding, or
have a partner who shall act as an attorney in any of such proceedings.
(2) The county clerk of Multnomah County and the deputies of the
clerk are prohibited from practicing or having a partner practicing as an
attorney-at-law, while in office.(1) If an order or
warrant issued by a state agency or officer was docketed in the judgment
docket of the circuit court of any county before October 3, 1989, notice
of satisfaction or release of the lien of an order or warrant so docketed
shall be docketed in the same judgment docket in which the order or
warrant was docketed.
(2) If an order or warrant issued by a state agency or officer was
docketed in the judgment docket of a circuit court of any county before
October 3, 1989, the officer or agency may cause such an order or warrant
to be transferred to and recorded in the County Clerk Lien Record of the
same county in which the order or warrant was originally docketed as
provided in subsection (3) of this section. An order or warrant so
transferred shall continue the lien created by the original docketing of
the order or warrant.
(3) Upon request, the clerk of a circuit court shall supply to an
officer or agency a certified copy of any order or warrant docketed in
the judgment docket of a circuit court before October 3, 1989. That
certified copy may then be recorded in the County Clerk Lien Record of
the county where the circuit court is located in the same manner and with
the same effect provided for the recording of original orders and
warrants. Upon recording of the order or warrant, the agency or officer
shall as soon as possible thereafter cause to be returned to the clerk of
the circuit court that prepared the certified copy, the original of that
certified copy reflecting the recording of the copy in the County Clerk
Lien Record and the date of the recording. The clerk shall then cause to
be entered in the register a notation reflecting the recording of the
order or warrant in the County Clerk Lien Record and the date of the
recording.
(4) Nothing in this section shall be construed to affect the status
of liens created by, or require the transfer from, any judgment docket to
any County Clerk Lien Record of any order or warrant docketed in a
judgment docket before October 3, 1989. [1989 c.706 §5; 2003 c.576 §196](1) Interest on a penalty imposed by an
order shall run from the date of issuance of a final order at the rate
provided for interest on judgments provided for in ORS 82.010 unless the
penalty is paid within the time allowed by law.
(2) An order or warrant may be satisfied by payment of the amount
due under the order or warrant, any penalties or interest accruing in
connection with the order or warrant under law, and all costs incurred by
the agency in connection with recording, indexing or service of the order
or warrant and the satisfaction thereof. When an order or warrant has
been fully satisfied it shall be the responsibility of the agency or
officer that issued the order or warrant to record a full satisfaction in
each county in which the order or warrant was recorded.
(3) The lien of an order or warrant may be released only by the
officer or agency that issued the order or warrant. A release of the lien
may be recorded in the County Clerk Lien Record in which the order or
warrant was recorded. If the officer or agency records a release, the
cost of recording or indexing the release may be recovered in advance
from the person seeking the release. [1989 c.706 §4; 2005 c.22 §157]PENALTIESAny officer who violates ORS 205.510 (1) shall
be deemed guilty of official misconduct and punished therefor as provided
by ORS 162.415. [Amended by 1959 c.552 §15; 1971 c.743 §346]
_______________
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